4940 Federal Register / Vol. 73, No. 18 / Monday, January 28, 2008 / Notices 

defendants, it shall decide whether to 

make the amendment retroactive at the 

same meeting at which it decides to 

promulgate the amendment.’’. Deciding 

whether to make an amendment 

retroactive at the same meeting at which 

the amendment is promulgated, 

however, often is impracticable. A 

complete retroactivity analysis typically 

cannot be prepared until the 

Commission has decided to promulgate 

a specific amendment option, which 

may not occur until the meeting at 

which the amendment is promulgated. 

Similarly, the public often cannot 

provide fully informed comment on 

possible retroactivity until the 

Commission has narrowed its 

consideration of a proposed amendment 

to a specific option, again a decision 

which may not occur until the meeting 

at which the amendment is 

promulgated. As a result, the proposed 

amendment deletes the requirement in 

Rule 4.1 that the retroactivity decision 

be made at the same meeting as 

promulgation of an amendment. 

The proposed amendment also 

amends Rule 4.1 to more clearly set 

forth the Commission’s statutory 

requirement to consider retroactivity 

under 28 U.S.C. 994(u). 

The proposed amendment also 

modifies the process by which the 

Commission instructs staff to prepare a 

retroactivity impact analysis. Currently, 

Rule 2.2 (Voting Rules for Action by the 

Commission) provides that ‘‘[t]he 

decision to instruct staff to prepare a 

retroactivity impact analysis for a 

proposed amendment shall require the 

affirmative vote of at least three 

members at a public meeting.’’ The 

proposed amendment would delete this 

requirement by amending Rule 4.1 to 

provide that ‘‘[p]rior to final action on 

the retroactive application of an 

amendment, staff shall prepare and the 

Commission shall review a retroactivity 

impact analysis of the amendment’’. The 

proposed amendment therefore, deletes 

the procedural requirement that the 

Commission instruct staff to prepare a 

retroactivity analysis and instead 

requires that such an analysis be 

prepared prior to final action on 

retroactivity. 

Finally, one issue for comment follows 

the proposed amendment. 

Part II of the Rules of Practice and 

Procedure is amended in Rule 2.2 is 

amended in the third paragraph by 

striking the last sentence. 

Part IV of the Rules of Practice and 

Procedure is amended in Rule 4.1 in the 

second paragraph by striking the last 

two sentences and inserting the 

following: 

‘‘The Commission shall, however, 

consider whether to give retroactive 

application to an amendment that 

reduces the term of imprisonment 

recommended in the guidelines 

applicable to a particular offense or 

category of offenses. See 28 

U.S.C. 994(u). Prior to final action on the 

retroactive application of an 

amendment, staff shall prepare and the 

Commission shall review a retroactivity 

impact analysis of the amendment.’’. 

Issue for Comment 

Should the Commission amend the 

Commission’s Rules of Practice and 

Procedure to provide a specified time 

frame governing final action with 

respect to retroactive application of an 

amendment pursuant to 28 U.S.C. 

994(u), and, if so, what should the time 

frame be? For example, should the rules 

provide a time frame that begins at the 

date of promulgation or the effective 

date of the amendment? Should the time 

frame specify a certain period of days by 

which final action should be taken, or 

should the time frame be more general 

in nature? 

[FR Doc. E8–1426 Filed 1–25–08; 8:45 am] 

BILLING CODE 2211–01–P 

SMALL BUSINESS ADMINISTRATION 

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice of Waiver of the 

Nonmanufacturer Rule for All Other 

Miscellaneous Electrical Equipment and 

Component Manufacturing product 

number 6240. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is granting a 

waiver of the Nonmanufacturer Rule for 

All Other Miscellaneous Electrical 

Equipment and Component 

Manufacturing (Fluorescent Lamps, 

Incandescent Lamps, etc). The basis for 

waiver is that no small business 

manufacturers are supplying this class 

of product to the Federal government. 

The effect of a waiver would be to allow 

otherwise qualified regular dealers to 

supply the products of any domestic 

manufacturer on a Federal contract set 

aside for small businesses; servicedisabled veteran-owned small 

businesses or SBA’s 8(a) Business 

Development Program. 

DATES: This waiver is effective February 

12, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Pamela M. McClam, Program Analyst, 

by telephone at (202) 205–7408; by FAX 

at (202) 481–4783; or by e-mail at 

Pamela.McClam@sba.gov. 

SUPPLEMENTARY INFORMATION: Section 

8(a)(17) of the Small Business Act, (Act) 

15 U.S.C. 637(a)(17), requires that 

recipients of Federal contracts set aside 

for small businesses, service-disabled 

veteran-owned small businesses, or 

SBA’s 8(a) Business Development 

Program provide the product of a small 

business manufacturer or processor, if 

the recipient is other than the actual 

manufacturer or processor of the 

product. This requirement is commonly 

referred to as the Nonmanufacturer 

Rule. The SBA regulations imposing 

this requirement are found at 13 CFR 

121.406(b). Section 8(a)(17)(b)(iv) of the 

Act authorizes SBA to waive the 

Nonmanufacturer Rule for any ‘‘class of 

products’’ for which there are no small 

business manufacturers or processors 

available to participate in the Federal 

market. 

As implemented in SBA’s regulations 

at 13 CFR 121.1202(c), in order to be 

considered available to participate in 

the Federal market for a class of 

products, a small business manufacturer 

must have submitted a proposal for a 

contract solicitation or received a 

contract from the Federal government 

within the last 24 months. The SBA 

defines ‘‘class of products’’ based on six 

digit coding systems. The first coding 

system is the Office of Management and 

Budget North American Industry 

Classification System (NAICS). The 

second is the Product and Service Code 

required as a data entry field by the 

Federal Procurement Data System. 

The SBA received a request on 

December 3, 2007, to waive the 

Nonmanufacturer Rule for All Other 

Miscellaneous Electrical Equipment and 

Component Manufacturing (Fluorescent 

Lamps, Incandescent Lamps, etc). 

In response, on December 14, 2007, 

SBA published in the Federal Register 

a notice of intent to waive the 

Nonmanufacturer Rule for All Other 

Miscellaneous Electrical Equipment and 

Component Manufacturing (Fluorescent 

Lamps, Incandescent Lamps, etc). SBA 

explained in the notice that it was 

soliciting comments and sources of 

small business manufacturers of this 

class of products. No comments were 

received in response to this notice. SBA 

has determined that there are no small 

business manufacturers of this class of 

products, and is therefore granting the 

waiver of the Nonmanufacturer Rule for 

All Other Miscellaneous Electrical 

Equipment and Component 

Manufacturing (Fluorescent Lamps, 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 18 / Monday, January 28, 2008 / Notices 4941 

Incandescent Lamps, etc). NAICS code 

335999 product number 6240. 

Authority: 15 U.S.C. 637(a)(17). 

Arthur E. Collins, Jr., 

Director for Government Contracting. 

[FR Doc. 08–338 Filed 1–25–08; 8:45 am] 

BILLING CODE 8025–01–M 

SMALL BUSINESS ADMINISTRATION 

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice of Waiver of the 

Nonmanufacturer Rule for All Other 

Miscellaneous Electrical Equipment and 

Component Manufacturing product 

number 6250. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is granting a 

waiver of the Nonmanufacturer Rule for 

All Other Miscellaneous Electrical 

Equipment and Component 

Manufacturing (Electric Lamp Starters 

and Lamp Holders, etc.). 

The basis for waiver is that no small 

business manufacturers are supplying 

this class of product to the Federal 

government. The effect of a waiver 

would be to allow otherwise qualified 

regular dealers to supply the products of 

any domestic manufacturer on a Federal 

contract set aside for small businesses; 

service-disabled veteran-owned small 

businesses or SBA’s 8(a) Business 

Development Program. 

DATES: This waiver is effective February 

12, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Pamela M. McClam, Program Analyst, 

by telephone at (202) 205–7408; by Fax 

at (202) 481–4783; or by e-mail at 

Pamela.McClam@sba.gov. 

SUPPLEMENTARY INFORMATION: Section 

8(a)(17) of the Small Business Act, (Act) 

15 U.S.C. 637(a)(17), requires that 

recipients of Federal contracts set aside 

for small businesses, service-disabled 

veteran-owned small businesses, or 

SBA’s 8(a) Business Development 

Program provide the product of a small 

business manufacturer or processor, if 

the recipient is other than the actual 

manufacturer or processor of the 

product. This requirement is commonly 

referred to as the Nonmanufacturer 

Rule. The SBA regulations imposing 

this requirement are found at 13 CFR 

121.406(b). Section 8(a)(17)(b)(iv) of the 

Act authorizes SBA to waive the 

Nonmanufacturer Rule for any ‘‘class of 

products’’ for which there are no small 

business manufacturers or processors 

available to participate in the Federal 

market. 

As implemented in SBA’s regulations 

at 13 CFR 121.1202(c), in order to be 

considered available to participate in 

the Federal market for a class of 

products, a small business manufacturer 

must have submitted a proposal for a 

contract solicitation or received a 

contract from the Federal government 

within the last 24 months. The SBA 

defines ‘‘class of products’’ based on six 

digit coding systems. The first coding 

system is the Office of Management and 

Budget North American Industry 

Classification System (NAICS). The 

second is the Product and Service Code 

required as a data entry field by the 

Federal Procurement Data System. 

The SBA received a request on 

December 13, 2007, to waive the 

Nonmanufacturer Rule for All Other 

Miscellaneous Electrical Equipment and 

Component Manufacturing (Electric 

Lamp Starters and Lamp Holders, etc.). 

In response, on December 28, 2007, 

SBA published in the Federal Register 

a notice of intent to waive the 

Nonmanufacturer Rule for All Other 

Miscellaneous Electrical Equipment and 

Component Manufacturing (Electric 

Lamp Starters and Lamp Holders, etc.). 

SBA explained in the notice that it was 

soliciting comments and sources of 

small business manufacturers of this 

class of products. No comments were 

received in response to this notice. SBA 

has determined that there are no small 

business manufacturers of this class of 

products, and is therefore granting the 

waiver of the Nonmanufacturer Rule for 

All Other Miscellaneous Electrical 

Equipment and Component 

Manufacturing (Electric Lamp Starters 

and Lamp Holders, etc.). NAICS code 

335999 product number 6250. 

Authority: 15 U.S.C. 637(a)(17). 

Arthur E. Collins, Jr., 

Director for Government Contracting. 

[FR Doc. E8–1400 Filed 1–25–08; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 6021] 

Advisory Committee on Historical 

Diplomatic Documentation; Notice of 

Meeting 

SUMMARY: The Advisory Committee on 

Historical Diplomatic Documentation 

will meet in the Department of State, 

2201 C Street, NW., Washington, DC, 

February 25–26, 2008, in Conference 

Room 1205. Prior notification and a 

valid government-issued photo ID (such 

as driver’s license, passport, U.S. 

government or military ID) are required 

for entrance into the building. Members 

of the public planning to attend must 

notify Steven Galpern, Office of the 

Historian (202–663–1130) no later than 

February 21, 2008, to provide date of 

birth, valid government-issued photo 

identification number and type (such as 

driver’s license number/state, passport 

number/country, or U.S. government ID 

number/agency or military ID number/ 

branch), and relevant telephone 

numbers. If you cannot provide one of 

the enumerated forms of ID, please 

consult with Steven Galpern for 

acceptable alternative forms of picture 

identification. 

The Committee will meet in open 

session from 1:30 p.m. through 3 p.m. 

on Monday, February 25, 2008, in the 

Department of State, 2201 C Street, NW., 

Washington, DC, in Conference Room 

1205, to discuss declassification and 

transfer of Department of State records 

to the National Archives and Records 

Administration and the status of the 

Foreign Relations series. The remainder 

of the Committee’s sessions from 3:15 

p.m. until 4:30 p.m. on Monday, 

February 25, 2008, and 8 a.m. until 12 

p.m. on Tuesday, February 26, 2008, 

will be closed in accordance with 

Section 10(d) of the Federal Advisory 

Committee Act (Pub. L. 92–463). The 

agenda calls for discussions of agency 

declassification decisions concerning 

the Foreign Relations series and other 

declassification issues. These are 

matters not subject to public disclosure 

under 5 U.S.C. 552b(c)(1) and the public 

interest requires that such activities be 

withheld from disclosure. 

Questions concerning the meeting 

should be directed to Marc J. Susser, 

Executive Secretary, Advisory 

Committee on Historical Diplomatic 

Documentation, Department of State, 

Office of the Historian, Washington, DC 

20520, telephone (202) 663–1123, (email history@state.gov). 

Dated: January 14, 2008. 

Marc Susser, 

Executive Secretary, Department of State. 

[FR Doc. E8–1435 Filed 1–25–08; 8:45 am] 

BILLING CODE 4710–11–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Fuel Flowmeters Technical Standard 

Order TSO–C44d Revision 

AGENCY: Federal Aviation 

Administration, DOT. 

mstockstill on PROD1PC66 with NOTICES